We understand the frustration of individuals when their applications to visit, study, work or immigrate to Canada are denied. Everyone should be entitled to a fair process of determination of their application that is assessed reasonably. While most Canadians visa offices decide application in a fair manner, there are unfortunately situations when this does not happen.
Our office has extensive experience representing individuals whose applications were refused. We take the time to evaluate the likelihood of success at the outset, and provide with an honest opinion. If our clients decide to proceed with an appeal or judicial review we always put our best efforts in to ensuring success.
The Immigration Appeal Division
Individuals whose applications to sponsor their family members from abroad have been refused can file an appeal with the Immigration Appeal Division. It is a hearing de novo, which means that new documents which were not submitted to the visa office can be included. All appellants are entitled to a full hearing, and there is also an Alternative Dispute Resolution process to expedite appeal process.
Judicial Reviews in the Federal Court
The Federal Court of Canada has the jurisdiction to review almost all decisions of Immigration, Refugees and Citizenship Canada and Canada Border Services Agency officials. The Federal Court will set aside a decision if it determines that the decision was unreasonable or the result of a breach of procedural fairness. Where it is obvious that a mistake was made, the Department of Justice, the lawyers representing the government, will consent to the application being re-opened without there being the need for a hearing. Because we do not proceed with judicial reviews unless we believe that there was an unreasonable decision or a breach of procedural fairness this happens in most of our cases.
Some of our recent experiences representing clients with refused cases
Family Class Spousal Refusal
A Canadian tried to sponsor her husband to immigrate to Canada. The application was refused because the husband did not disclose previous visitor visa refusals. The office made allegations of misrepresentation. The Immigration Appeal Division ruled that there were sufficient humanitarian & compassionate considerations to allow the appeal.
Family Class Parental Refusal
This case was settled with the Department of Justice before the application for leave was reviewed by a Judge. Through our our memorandum of law and facts, we made it clear that visa officer made an error when assessing the application without paying attention to the evidence provided.
Visitor Visa refusal
A Pakistani business person residing in Dubai wanted to come to Manitoba for a business exploratory visit. His visitor visa was refused without a reasonable justification, based only on the fact that he was not a permanent resident in Dubai. The lawyers representing the Government agreed with our position, offered a settlement, and the case was sent back to the visa office for consideration of another visa officer.
We are flexible in how we structure services regarding appeals to the Immigration and Refugee Board and the Federal Court of Canada. If you have received a refusal, and wish to discuss your options, please do not hesitate to contact us.